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City Council Ordinance 153ORDINANCE AMENDMENT NO. 153 THE CITY COUNCIL OF THE CITY OF MONTICELLO DO HEREBY ORDAIN THAT ORDINANCE TITLE 8, CHAPTER 1, REGARDING REMOVAL OF SNOW AND ICE SHALL BE AMENDED AS FOLLOWS: CHAPTER 1 SIDEWALK REPAIR, MAINTENANCE, AND SPECIAL ASSESSMENTS SECTION: 8-1-1: Maintenance by Owner 8-1-2: Inspection 8-1-3: Notice of Hearing 8-1-4: Notice to Repair 8-1-5: City to Make Repairs 8-1-6: Assess Cost 8-1-7: Hearing on Assessment 8-1-8: Assessment Roll 8-1-9: Appeal from Assessment 8-1-10: Certification to County Auditor 8-1-11: Time of Removal, Ice and Snow 8-1-1: MAINTENANCE BY OWNER: Pursuant to Minnesota Statutes Annotated, 1953, Chapter 429, as amended by Laws 1955, Chapter 811, the primary responsibility for keeping and maintaining the public sidewalk of the city in front of each parcel of land abutting thereon clean and in such state of repair as not to be dangerous to public travel is hereby imposed upon the owner of each such abutting parcel of land. 8-1-2: INSPECTION: The Public Works Director shall inspect the public sidewalks within the city, or cause the same to be inspected by some competent person under his supervision and direction, at least once in each year, and shall, from time to time, report in writing to the City Council any sidewalks believed by him to be in such disrepair as to be dangerous to the public travel thereon, giving therein such information as to enable the locating of each alleged defective sidewalk. 8-1-3: NOTICE OF HEARING: Upon receipt of such report, the Council shall, by resolution, set a date for a public hearing on said report, and cause at least two weeks written notice of said hearing to be given by mail, addressed to the owner of each parcel of land abutting upon the portion of any sidewalk alleged in said report to be in such disrepair as to be dangerous to public travel thereon, said notice to be addressed to such owner at the address shown on the last general assessment roll of city real estate. Ordinance Amendment No. 153 Page 2 8-1-4: NOTICE TO REPAIR: If the Council shall find upon said hearing, or any adjournment thereof, that the sidewalks embraced within said report, or any of them, are in such disrepair as to be dangerous to the public travel thereon, it shall direct the Public Works Director to send, or cause to be sent, a written notice of the defect to the owner of each parcel of land abutting upon any such defective sidewalk, directing him to cause the sidewalk in front of his parcel of land to be repaired, at his own cost and expense, in the manner recommended by the Public Works Director, within thirty days from the date of such notice. Such notice shall further state that, if said sidewalk is not so repaired by him, the City will proceed to make such repairs and assess the cost thereof against the abutting parcels of land. For good reason shown, the Public Works Director is authorized to extend the time given to any such owner with which to make the repairs. 8-1-5: CITY TO MAKE REPAIRS: If any such repair is not made by the owner of the abutting parcel of land within the time and in the manner specified in the notice to him, or any extension thereof granted by the Public Works Director, the City may then proceed to make such repair under contract or by its employees under the supervision and direction of the Public Works Director or of some competent person in his office assigned thereto. Careful and adequate records of the cost of each such repair shall be maintained, showing the cost in time employed and of materials used in effecting such repair. 8-1-6: ASSESS COST: After any repair, or any group of repairs, to be made by the City has been completed, the Public Works Director shall certify to the Council the total cost thereof, and thereupon the Council shall determine by resolution, the amount of the total cost the City will pay, if any, other than the amount, if any, which it will pay as a property owner, and the amount to be assessed. The resolution shall then be filed with the City Administrator. The City Administrator, with the assistance of the Public Works Director or other qualified person selected by the Council, shall calculate the proper amount to be assessed against each abutting parcel of land in front of which any of such repairs have been made by the City on the basis of the cost thereof, and shall prepare a proposed assessment roll and deliver it to the Council. 8-1-7: HEARING ON ASSESSMENT: Upon receipt by the Council of said proposed assessment roll, it shall, by resolution, set a date for a public hearing thereon, and file the proposed assessment roll with the City Administrator where it shall be open to public inspection. Thereupon the City Adminstrator, under the direction of the Council, shall cause to be published once in the legal newspaper of the City a notice of said public hearing, giving the date, time, and place thereof, stating the.general nature of the improvement and that written or oral objections to the assessments will be considered at the hearing. Such notice shall be published at least one week before the date of the hearing. Ordinance Amendment No. 153 Page 3 8-1-8: ASSESSMENT ROLL: At such meeting, or any adjournment thereof, the Council shall consider the objections made, if any, to the proposed assessments, may amend said proposed assessment roll in respect to a particular parcel of land, but shall not increase the assessment, and may then adopt by resolution, said proposed assessment roll as made or as amended. Upon such adoption, the assessment roll shall be filed with the City Administrator, and upon such filing the amount assessed thereby against the respective parcels of land included therein, together with accrued interest at such rate per annum as the Council may from time to time fix by resolution, shall become a lien thereon and continue until the assessment is fully paid. 8-1-9: APPEAL FROM ASSESSMENT: Any person being aggrieved by any such assessment may appeal therefrom to the district court of the county wherein the property is located, by serving upon the City Administrator, within ten days after the filing of the assessment roll in the Administrator's office, a notice of appeal, stating the grounds of the appeal, and giving a bond for $250 conditioned that he will diligently prosecute the appeal, pay all costs and disbursements which may be adjudged against him, and abide by the order of the court, and by filing a copy of said notice, with proof of service thereof on the City Administrator, with the clerk of such court within two days after such service upon the City Administrator. The appeal shall be placed upon the calendar for the next general term of such court commencing more than ten days after the filing of the copy of said notice with the clerk of court, and the appeal shall be tried as other appeals in such cases. Upon an appeal being perfected, the City Administrator shall omit the parcel in respect of which the appeal is taken from the duplicate assessment roll to be certified to the county auditor, as provided in Section 1-10, until such appeal is disposed of by the court. 8-1-10: CERTIFICATION TO COUNTY AUDITOR: On or before the tenth day of October each year, the City Administrator shall transmit a certified duplicate of the assessment roll so adopted to the county auditor of the county in which any parcel of land subject to such lien is situated, setting forth the amount of the assessment, together with interest computed to the first Monday in January of the succeeding calendar year. 8-1-11: TIME OF REMOVAL, ICE AND SNOW: The owner or occupant of every building or tract of land within the City fronting upon any street, having a sidewalk abutting upon such premises shall clear such sidewalk opposite said building or tract of land of snow and ice within twenty-four (24) hours following the termination of any snowstorm or the formation of ice from any cause and shall keep the same clear and free from snow and ice. If such snow and ice is not removed by the owner or occupant within the time specified herein, the same shall be removed under the direction of the Director of Public Works and the expense of such removal shall be levied against the property owner as a special assessment and collected as in the case of other special assessments. Ordinance Amendment No. 153 Page 4 Adopted this 13th day of April, 1987. 70 0 1�< Arve A. Grimsmo, Mayor Will Thomas A. Eidem City Administrator